JUDGMENT :

Heard Mr. S.P. Roy, the learned counsel appearing for the Appellant and Mr.G.N.Sahewalla, the learned senior counsel assisted by Ms. S. Todi, the learned counsel appearing on behalf of the Respondents.

2. This instant appeal has been filed under Section 100 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 15/09/2007 passed in Title Appeal No. 109/2006 by the Court of the Additional District Judge(FTC) No. 4, Kamrup (Metro) at Guwahati, whereby the judgment and decree dated 25/9/2006 passed in Title Suit No. 109/2006 by the Court of the Civil Judge (Sr. Division) No. 2, Kamrup (Metro) at Guwahati was affirmed.

3. At this stage, it may be relevant herein to mention that both the Courts below had on the basis of a concurrent findings of fact dismissed the suit of the Appellants and decreed the counter claim of the Respondents.

4. Before examining the merits of the matter, this Court may briefly refer to the scope of a Second Appeal as also the procedure for entertaining them as laid down under Section 100 of the Code of Civil Procedure. Second Appeal would lie in cases which involves substantial question of law. The word ‘substantial’ prefixed to ‘